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Yes, Tshwane’s mayor and municipal manager can soon face personal accountability, including jail time, for ignoring a court order to maintain the Tshwane Fresh Produce Market, says Annelize Crosby, Agbiz’s head of legal intelligence.
Crosby was commenting on a ruling by Judge Mmonoa Teffo in the High Court on 11 August. Judge Teffo determined in the High Court in Pretoria that the Tshwane Metro was in contempt of court due to its failure to adhere to an order issued by Judge Shereen Meersingh of the same court on 31 October 2022.
Judge Teffo has handed down a one-month prison sentence to the City of Tshwane’s executive mayor, Dr Nasiphi Moya, and municipal manager, Johann Mettler, due to the city’s noncompliance with a court order concerning an investment of R18 million in the Tshwane Fresh Produce Market. The sentence was suspended for one year, indicating that incarceration will follow if the situation is not remedied urgently.
Read more about Market on trial.
Not just idle talk
“These days, a threat of personal accountability is often the only way to force delinquent organs of state to do their job,” Crosby said, adding that there are a few examples of instances where officials were held in contempt of court. “Usually, this threat encourages the officials to take swift action.”
The most prominent example would be former president Jacob Zuma, who was sent to jail for 15 months in 2021 by the Constitutional Court, after he was found guilty of civil contempt of court for defying a Constitutional Court order to appear before the Judicial Commission of Inquiry into State Capture. At the time, the Court emphasised the need to uphold the rule of law and judicial authority, and ordered his direct imprisonment without suspension.
Another example is Moeketsi Mosola, a former city manager of the City of Tshwane. In 2018 he was sentenced to 30 days in jail, suspended for six months. Mosola was held in contempt for failing to comply with a High Court order related to property rates billing. The sentence was suspended on condition that the city complied with the court’s instructions within 30 days. If not, the developer (Aquavista Investments) could apply for his arrest.
However, in 2019 Sowetan reported that Mosola walked away from this position with a R4,4m golden handshake following a separation deal with mayor Stevens Mokgalapa.
Tshwane market case
Gjalt Hooghiemstra, president of the Institute of Market Agents of South Africa (IMASA), says that the institute initiated the contempt of court application due to its dissatisfaction with the actions of Tshwane Metro and its legal representatives. This, after the latter failed to respond to the issues it had previously highlighted in correspondence concerning Judge Meersingh’s court order.
“Judge Meersingh ordered the Tshwane Metro to present a precinct plan that focusses on occupational health and safety, and to allocate R18 million for its execution to ensure market upkeep,” Hooghiemstra said in a press release, adding that the judge further ordered the Tshwane Metro, its municipal manager, and/or executive mayor to, within 30 days, provide IMASA with the draft or final precinct plan, a risk assessment and recovery plan for the market premises, and the documents specified in Judge Meersing’s 2022 court order.
Now, Judge Teffo has also ordered that the Tshwane Metro, along with its municipal manager and/or executive mayor must, within 30 days of receiving her order, submit an affidavit to IMASA detailing the implementation of the approved precinct plan. This plan pertains to repairs and adherence to standards for fire and smoke detection, electrical connectivity, facilities, security, lifts and hoists, sanitation, and refuse removal.
They were also ordered to submit an affidavit within 30 days, outlining the distribution and execution of the city’s R18 million capital and operational budget for the 2022 financial year. – Susan Marais, Plaas Media
